The U.S. Department of Labor (“DOL”) Wage and Hour Division recently announced that its model Family and Medical Leave Act (“FMLA”) notices and certification forms are valid for another three years, until August 31, 2021. There is nothing new in the updated model FMLA forms, other than a new expiration date, which is located on the top right corner of the forms.

Employers who use the DOL’s model FMLA forms can access them at the following links:

Notices

• Designation Notice

• Notice of Eligibility and Rights & Responsibilities

Certification Forms

• Certification of Health Care Provider for Employee’s Serious Health Condition

• Certification of Health Care Provider for Family Member’s Serious Health Condition

• Certification for Serious Injury or Illness of a Current Servicemember – for Military Family Leave

• Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

• Certification of Qualifying Exigency for Military Family Leave

Next Steps for Employers

Employers that use the DOL’s model FMLA forms for employee leaves of absent pursuant to the FMLA should download and use the updated forms. Employers subject to specific state laws that govern family medical leave (such as those in California), should continue to ensure they are using the appropriate form for their employees on leave.